Authority: Uttarakhand High Court, Hon'ble Manoj Kumar Tiwari, J

Order Date: 05.10.2026

Case Overview

  • Petitioners: Polycab India Limited (Petitioner) vs. State of Uttarakhand (Respondent No.2) and a third respondent (Respondent No.3).
  • Writ Petition Numbers: WPMS/2998/2026 (primary) and WPMS/2999/2026 (related).
  • The petitioner challenged the assessment order dated 30.01.2026 issued by the Deputy Labour Commissioner, Haridwar, under Section 5 of the Uttarakhand Building & Other Construction Workers' Welfare Act, 1996, alleging lack of notice and opportunity of hearing.
  • Counsel for petitioner: Mr. Pradeep Kumar Chauhan. Counsel for State of Uttarakhand: Mr. Devendra Pant (Standing Counsel). Counsel for Respondent No.3: Mr. Hari Mohan Bhatia.
  • The Court noted common questions of law and fact with another petition (WPMS No. 1139 of 2026) and decided to hear both together, but considered facts of WPMS No. 2998 alone for brevity.

Final Outcome

1. The Court issued a writ of certiorari quashing the impugned assessment order dated 30.01.2026.

2. A writ of mandamus was directed to Respondent No.2 (State of Uttarakhand) to refrain from any recovery action against the petitioner pending final decision.

3. The petitioner is ordered to deposit 25% of the labour cess, as indicated in the recovery certificate, within two weeks from the order date.

4. Subject to the deposit, no coercive action shall be taken against the petitioner until the Assessing Authority makes a final decision.

5. The Competent Authority shall consider the petitioner’s recall application and pass an appropriate order as early as possible.

6. Counsel for Respondent No.3, Mr. Hari Mohan Bhatia, assured that the amount already deposited by the petitioner will be adjusted towards the 25% required under this order.

7. Counsel for the petitioner assured that the client will not seek unnecessary adjournments before the Assessing Authority and will cooperate fully.

Topics: Labour Law, Court Order